March, 2014

LEGAL TRENDS, ODDS & ENDS

Insights into North Carolina Law from

Civil Litigation Attorney MIKE DAISLEY

You think "MARCH MADNESS" on the basketball courts is unpredictable?

The madness in North Carolina to get elected to the Courts of General Justice is crazier than the weather!

Well, here we are in the annual "March Madness" fight not only between Carolina Blue and that darker kind, or between late winter snow and early spring blossoms. It was a crazy month in February, for sure, that saw its ups and downs not only in the temperatures, but in the Appellate Courts as well. (More on that next time.)

From a LEGAL TRENDS standpoint, February closed the books on candidates registering for Judicial Races, and all I can say is buckle up, folks. The money race is ON!

JUSTICE FOR SALE IN 2014?

While I know that some may disagree, I have never been one that has been fond of the election of judges. Justice, and the good faith pursuit of it, has never struck me as some sort of majority-rule popularity contest.

Will a "JUSTICE FOR SALE" campaign sign appear outside the NC Supreme Court and other courthouses across the State this year?

Yes, I know politics inevitably comes into any selection process of judges and that no system will ever be perfect. But the way judicial elections are being run more and more across the country, and especially now in North Carolina, may just be the worst way possible.

On the last Friday in February, the books were closed on the filing for judicial races across the state, and by all accounts, this year will surpass all others in the amounts of money raised and spent.

Under the new rules, anyone who wants to be a judge is now allowed to ask for, and spend, unlimited amounts of cash to get a seat on the bench. The rich special interests that "contribute" to get judges friendly to them (some say their "hired help") can now remain secret. Now, judicial candidates that wanted to opt for limited public financing (where taxpayers could voluntary contribute a three bucks to a state fund so that judicial candidates don't have to go out and raise a bunch of cash) no longer have that option.

The Charlotte Observer in February analyzed "The Buying of the NC Supreme Court" and we are already seeing its effects. Earlier this month, North Carolina Lawyers Weekly and WFAE pointed out the potential problems inherent in judicial candidates raising and spending millions of dollars by those who are supposed to"administer justice without favoritism" and to "faithfully and impartially discharge all the duties" of the Court.

That quoted language comes from the Oath of Office that all judges of this state must take. Interestingly, that same Oath also requires that they "not knowingly take, directly or indirectly, any fee, gift, gratuity or reward whatsoever..." N.C.Gen.Stat. 11-11.

Someone should have mentioned that to the General Assembly.

TOUGH CASES CALL FOR SMART CHOICES

About this time last year, I blogged about one very difficult case involving a hit-and-run driver who caused devastating injuries to a young college student who became my client. It posed several challenges in finding resources that might be available to make up for that harm. North Carolina has some very sketchy

A quick overview of what to do if there's inadequate insurance coverage

rules regarding coverage for hit-and-run drivers, and for college students that might live with separated or divorced parents. The video at right is a quick overview of why it's important to "cover all the coverage" in order help your situation.

Indeed, sometimes when the insurance carrier is not dealing "in good faith" there may be a possibility of going beyond the available coverage. There may also be additional parties responsible for the harm done. ALL of that should be explored.

As always, I am delighted whenever I hear from you on any matter involving the law (or anything else for that matter). Even If I can't help directly, come try a cup of our fancy coffee here. I'm happy to offer some options.

All the best,

Michel C. Daisley

Litigation Attorney & Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC 28208

phone: 704-887-6776

email: info@DaisleyLaw.com

More videos regarding the impact
of old laws, testifying at depositions, mediation and other topics are waiting for your CLICK.

Whether you access our videos through our firm's website, or login to our YouTube Channel, or simply search on Google for "DaisleyLaw videos," you will find a number of quick and (I hope) helpful tips and insights into such things as testifying at depositions, and customer and visitor injuries and North Carolina's law of contributory negligence, or whether to speak at a mediation.

Mike Daisley

Civil Litigation Attorney

& Certified Mediator

DaisleyLaw, PLLC

2412 Arty Avenue

Charlotte, NC 28208

(704)887-6776

_________________

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